How is this even REMOTELY legal?

I have been told, at a Service Center, that I am welcome to buy an Extended Service Agreement (ESA) for my Model S, using the My Tesla checkout process, BUT, if I ever show up at a Service Center, they will promptly refund my money because I am ineligible for the ESA.

How can that be?

I am told that "by law we can't offer you" the ESA. Whose law? You guessed it, New Mexico. Apparently no Tesla owner in New Mexico can get an ESA.

Now here is I question the legality of this.

1. If I pay online $4000 to a company based in California and incorporated in Delaware, for service that would require me to drive up to Denver (or go out to Scottsdale) to receive, then how the f*&% is that any of New Mexico's business? What possible legal interpretation gives New Mexico the right to, from my non-lawyer's eyes, block me from doing interstate commerce? Is this not tortuous interference?

2. There are no Tesla service centers in NM. So it is impossible to get the service that the ESA would offer, anywhere in the state. Again, how the hell does the state of NM have any right to interfere?

Finally, this is just what I was told by one service person at a Tesla Service Center. Until I get this in writing or email from Tesla Corporate, I don't believe it. But if anyone's run into this in NM or any other state, I would love to know, because this is infuriating. My car is about to hit 47K mi and time's running out to get the ESA.

Worst thing is - all other manufacturers are allowed to offer it, and you can buy one aftermarket from any 3rd party. But Tesla themselves can't offer it. Frustrating. I may have to sell my car in the next 6 months because of this.

What you do here may depend on how deep your pockets are. The only thing I would know to do here is to file a lawsuit in federal court against your state, the grounds being that they are interfering with interstate commerce. Since I am not a lawyer, this may be complete hogwash, but I have heard of things like this. A downside is that your car will be 10 years old before the case would come to trial...

Could someone explain the legal thinking, from a state's perspective, that makes such a law possible? Who was harmed such that such laws had to be enacted? How is it in the public interest? Are dealer lobbies behind this?

I have been told, at a Service Center, that I am welcome to buy an Extended Service Agreement (ESA) for my Model S, using the My Tesla checkout process, BUT, if I ever show up at a Service Center, they will promptly refund my money because I am ineligible for the ESA.

How can that be?

I am told that "by law we can't offer you" the ESA. Whose law? You guessed it, New Mexico. Apparently no Tesla owner in New Mexico can get an ESA.

Now here is I question the legality of this.

1. If I pay online $4000 to a company based in California and incorporated in Delaware, for service that would require me to drive up to Denver (or go out to Scottsdale) to receive, then how the f*&% is that any of New Mexico's business? What possible legal interpretation gives New Mexico the right to, from my non-lawyer's eyes, block me from doing interstate commerce? Is this not tortuous interference?

2. There are no Tesla service centers in NM. So it is impossible to get the service that the ESA would offer, anywhere in the state. Again, how the hell does the state of NM have any right to interfere?

Finally, this is just what I was told by one service person at a Tesla Service Center. Until I get this in writing or email from Tesla Corporate, I don't believe it. But if anyone's run into this in NM or any other state, I would love to know, because this is infuriating. My car is about to hit 47K mi and time's running out to get the ESA.

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I would contact [email protected] to validate whether an ESA can be valid in New Mexico. If it's not, then you can reach out to one or more of your New Mexico government representatives, including your governor.

I would contact [email protected] to validate whether an ESA can be valid in New Mexico. If it's not, then you can reach out to one or more of your New Mexico government representatives, including your governor.

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Ha, I emailed ServiceHelpNA two weeks ago. Silence. I'm way past those folks. Already reached out to NM Attorney General and Tesla's lawyers and my local State Senator.

UPDATE: I got an email from ServiceHelpNA, finally. After forwarding them my email from 2 weeks ago and reminding them they'd not replied yet.

Here's their response: "We apologize for the delayed response. However, we won't be able to sell ESA to Tesla owners in New Mexico due to the state’s local legislature. If there are any other questions or concerns, we’re just an email or a phone call away to help. . . ."

I replied telling them that was not a good enough answer. No reply.

So I contacted Tesla's General Counsel. I got a call from someone in the legal office yesterday afternoon. I was told that YES, New Mexians CAN buy ESAs, but they have to buy them in person at a Tesla facility like a store or service center, in some state where Tesla has stores and service centers, like Colorado or Arizona. He told me Tesla would be informing the ServiceHelpNA people as well as service center and store people of the errors of their ways, misleading New Mexico Tesla customers, and that they would be set right.

So, thanks to the stupid laws in New Mexico, I have to travel to another state just to hand over $4000 to buy an ESA so that if my car ever needs service in its post-50000-mile years, I can get ESA service . . . from a service center in some other state since New Mexico and the enemies of Tesla so kindly continue to screw its citizens.

UPDATE: I got an email from ServiceHelpNA, finally. After forwarding them my email from 2 weeks ago and reminding them they'd not replied yet.

Here's their response: "We apologize for the delayed response. However, we won't be able to sell ESA to Tesla owners in New Mexico due to the state’s local legislature. If there are any other questions or concerns, we’re just an email or a phone call away to help. . . ."

I replied telling them that was not a good enough answer. No reply.

So I contacted Tesla's General Counsel. I got a call from someone in the legal office yesterday afternoon. I was told that YES, New Mexians CAN buy ESAs, but they have to buy them in person at a Tesla facility like a store or service center, in some state where Tesla has stores and service centers, like Colorado or Arizona. He told me Tesla would be informing the ServiceHelpNA people as well as service center and store people of the errors of their ways, misleading New Mexico Tesla customers, and that they would be set right.

So, thanks to the stupid laws in New Mexico, I have to travel to another state just to hand over $4000 to buy an ESA so that if my car ever needs service in its post-50000-mile years, I can get ESA service . . . from a service center in some other state since New Mexico and the enemies of Tesla so kindly continue to screw its citizens.

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Well that's a PIA but at least you can get the ESA, and now we know how other similarly affected people can get the ESA.

Hopefully by the time you need ESA service, the NM laws will allow you to get local service. Good luck!

UPDATE: I got an email from ServiceHelpNA, finally. After forwarding them my email from 2 weeks ago and reminding them they'd not replied yet.

Here's their response: "We apologize for the delayed response. However, we won't be able to sell ESA to Tesla owners in New Mexico due to the state’s local legislature. If there are any other questions or concerns, we’re just an email or a phone call away to help. . . ."

I replied telling them that was not a good enough answer. No reply.

So I contacted Tesla's General Counsel. I got a call from someone in the legal office yesterday afternoon. I was told that YES, New Mexians CAN buy ESAs, but they have to buy them in person at a Tesla facility like a store or service center, in some state where Tesla has stores and service centers, like Colorado or Arizona. He told me Tesla would be informing the ServiceHelpNA people as well as service center and store people of the errors of their ways, misleading New Mexico Tesla customers, and that they would be set right.

So, thanks to the stupid laws in New Mexico, I have to travel to another state just to hand over $4000 to buy an ESA so that if my car ever needs service in its post-50000-mile years, I can get ESA service . . . from a service center in some other state since New Mexico and the enemies of Tesla so kindly continue to screw its citizens.

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Good to know that you can get the ESA. May be you can schedule a service visit if you're due for it and cover getting the ESA at the same time? Just call to confirm that they can do it and if they tell you that they can't, let them know what Tesla's General Counsel said.

Well the irony is that I just had a service visit 400 miles away, out of state, and while I was there they told me I could not buy an ESA. And now I am told that I can buy an ESA. There's a very good chance I would have bought an ESA while I was at the service center if I had simply known that I could. This is another classic example of communications not being optimal within Tesla, let alone between Tesla and customers. I shared this concern with Tesla this week and hope it sinks in.